In 2020, our annual Watts Guerra Christmas party was put on hold due to the pandemic, but this year we brought it back in full force!
Tag: Texas
Distracted Driving
Distracted Driving continues to threaten the safety of every driver and passenger on Texas roadways. Inattention behind the wheel accounts for 18% of all accidents in the state of Texas, causing nearly 100,000 crashes annually[1]. Momentarily taking your eyes off the road to adjust the radio, reply to a text message, or browse through social media compromises your ability to safely operate a motor vehicle. Drivers who partake in these types of negligent behaviors put themselves and everyone else on the road in danger. So, what is distracted driving and how can it be prevented?
Using Criminal Proceedings in Personal Injury Cases
Many personal injury cases arise from criminal conduct. For example, if you are hit by a drunk driver, you have a negligence claim against the drunk driver, and the driver can be arrested for drunk driving. If the drunk driver is arrested, the criminal charges against him will likely be resolved before the civil trial. While the jury is still out on what the average time of civil and criminal cases are post-COVID, [1] Texas law requires courts to prioritize criminal cases over civil ones to protect a defendant’s right to a speedy trial.[2] Since the criminal charge and the personal injury lawsuit arose out of the exact same accident, much of the evidence useful in one lawsuit will be useful in the other, too. Criminal cases produce a number of documents and evidence that can help a personal injury plaintiff win her case: police reports, police investigatory documents, evidence seized from the defendant, witness statements, material disclosed voluntarily by third parties, and even information shared by overseas authorities.
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Pros and Cons of the Texas Constitutional Carry Law
On June 16, 2021, Texas Governor Greg Abbott signed House Bill 1927, known colloquially as the “Constitutional Carry” bill, into law. Starting on Sept. 1, 2021, Texans 21 and over will no longer need a license to carry a pistol (openly or concealed) as long as they are not already excluded from firearm possession by another State or Federal law. Previously, Texans were required to obtain a state-issued license which required training, a proficiency exam, and a background check. With the passage of this law, Texas will become the 20th state, as well as the largest state, to dispense with these requirements.
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How House Bill 19 (HB-19) Affects Personal Injury Law
September 1, 2021 House Bill 19 (HB-19) takes effect in Texas. The commercial trucking industry and how personal injury law is conducted. Below is an overview of what the bill encompasses and the changes that will take effect.
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